Credit Card Reclaiming Discussion

IAINM_2

It was the first letter simply asking for a list of charges applied to my account

"I am writing to request a fully comprehensive list of all the default charges for late payments or going over my credit limit that I have paid on the above account(s) over the last six years........"

thanks

BigBudgie

Ah OK, so it was in effect a statutory access request letter.

Did you enclose the £10 fee for this?

IAINM_2

Yes i enclosed a £10 cheque - and i think its been cashed!

BigBudgie

OK a simple chaser letter should suffice at this stage.

Am pretty sure there is a template version somewhere on the site for this. Let us know if you cannot find one.

In the letter just let them know that you did send in the £10 fee and that the cheque for this has been cashed but you have not yet received the information requested. It may just be an oversight on their part. Most Companies are normally pretty good at responding to SAR's.

Budgie

barloo69

BigBudgie wrote: »

Many people believe that it is only possible to claim back credit card charges for the last six years. This is incorrect.
The Limitation Act 1980 is quite clear ( see section 32 ) that in cases of fraud, deliberate concealment or the consequences of a mistake the period of limitation does not begin to run until the Claimant has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it. Claimant's could not have been in the slightest bit aware that charges applied to their credit card accounts were either unlawful or unfair prior to the OFT publishing their report into credit card charges on April 5th 2006. Basically, until that time any Claimant could not reasonably have been expected to have discovered the credit card companies deliberate concealment etc.
Claimants would therefore be fully justified in arguing that the period of limitation did not commence on this matter until April 2006, so you may argue that you have until April 2012 to make a claim in respect of ALL the unlawful / unfair charges applied to your account since that account was opened with the credit card company.

Ah ha at last !!! I asked this very same question a while back, but didnt get a favorable response. Yes I totally agree with you in principle that this is possible and those facts could be argued but surely this route would just end up in a court.
Are you aware or anuone that has been successful ?
Would be very interesting to find out ? Also what bank etc.
In fact if this is the case and is possible maybe Martin himself needs to make another template letter and/or amendment to the current reclaiming procedure.

natweststaffmember

barloo69 wrote: »

Ah ha at last !!! I asked this very same question a while back, but didnt get a favorable response. Yes I totally agree with you in principle that this is possible and those facts could be argued but surely this route would just end up in a court.
Are you aware or anuone that has been successful ?
Would be very interesting to find out ? Also what bank etc.
In fact if this is the case and is possible maybe Martin himself needs to make another template letter and/or amendment to the current reclaiming procedure.

I am and it's BigBudgie himself. Unfortunately on here I stick to the 6 years yade yade but you can reclaim everything and it will be up to a court how far back they will go.

barloo69

natweststaffmember wrote: »

I am and it's BigBudgie himself. Unfortunately on here I stick to the 6 years yade yade but you can reclaim everything and it will be up to a court how far back they will go.

Kind of what I thought. and if you dont have the statements for that period I imagine no way of getting this info as banks do not have to retain that info past the 6 years, and doubt they going to assist you in your quest. Bit of a Catch 22.

Gutted. I had a clear out last year and burnt all my old paperwork (bank statements, credit cards statements, closed account etc that I had accumulated over the last 15 years.

langfor

Guys,

i was sequestrated (made bankrupt) 3 1/2 years ago and have now been discharged.

Can i still claim for these and use this money to pass onto my previous creditors, as i believe if i get any of this cash it would then go to the trustee.

Is this correct?

stephel

I recently claimed my credit card charges back from Capital One.
I recieved a letter today offering me my charges back...plus interest.
I still owe money on the card, but i am with a debt management company.
Capital One has said they will put the money into my Capital One account.
Can they send me a cheque instead or is this common practice?

BigBudgie

stephel wrote: »

I recently claimed my credit card charges back from Capital One.
I recieved a letter today offering me my charges back...plus interest.
I still owe money on the card, but i am with a debt management company.
Capital One has said they will put the money into my Capital One account.
Can they send me a cheque instead or is this common practice?

If you decide to accept the offer they will credit your account with that amount.
If there is anything left over after clearing your account they will send that to you in cheque format.

What have they offered you compared to the amount that you have claimed ??

Budgie